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Successfully Navigating HR Challenges through the Pandemic VT LIB 2020 Trustees and Friends Conference

Gary Deziel, Extension Assistant Professor

UVM Extension, Saint Albans

Janette Shaffer, Assistant State Librarian for Library Advancement

Joy Worland, Library Consultant - Continuing Education and Small and Rural Libraries

Lara Keenan, Library Consultant – Governance and Management

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Appreciate that values underpin “it all”.

Recognize your importance during these trying times.

Understand that PEOPLE management basics continue to be important, and “new basics” apply!

Gain a bit of knowledge of laws and regulations that effect employer and employee rights as you successfully run your library.

Learning objectives

“It’s complicated.”

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https://libraries.vermont.gov/sites/libraries/files/PublicLibraries/Trustees/TRUSTEE%20TRAINING%20BASIC%20TEMPLATE%20LARA.pdf

Source: Batman, D. and G. Smithson, [Virgin Pulse]. Managing Mental Health During a Pandemic and Beyond (webcast). August 14, 2020. Society for Human Resource Management.

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2©

CommunityCommunication

Handrail

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Over communicate Don’t neglect Provide resources Empathy & care - “you’re wanted” Routines and planning matter Professional development

New COVID basics

Live your library’s mission and values. Behavior is modeled

from the top. Advocate.

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Job descriptions Periodic formal

check-ins on goals Annual

evaluations Basics

Vermont is an “at-will” state.Medical records are strictly private. Keep them separate from personnel file. Inform yourself as best you can.

Basics

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Engagement with interactive assessment process. Don’t make assumptions.

Consistency!

Document – what you decided, why you decided it, share with employee, personnel file.

Courage!

Basics

Know when to ask for help.

VT LIBTrusteesMunicipality, VLCTAttorney Basics

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“All businesses and non-profit and government entities

shall encourage and facilitate telework among those employees with the capacity to work remotely when practical without

impeding productivity. Employers shall accommodate the needs of high risk individuals, those workers who may have child care needs which cannot be met due to the closure of schools or child care facilities for reasons relating to COVID-19 and those individuals with concerns about personal health circumstances.”

Accessed August 28, 2020. https://accd.vermont.gov/news/update-new-work-safe-additions-be-smart-stay-safe-order

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o ADEA (age)

o V/OSHA (safety at work)

o FFCRA (COVID-19 & families)

o ADA (disability)

Age Discrimination in Employment Act, which prohibits discrimination based on age, 40 or older.

V/OSHA, (Occupational Safety and Health Administration) workers are entitled to working conditions that do not pose a risk of serious harm.

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Families First Coronavirus Response Act requires certain employers to provide their employees with expanded family and medical leave (FMLA) and paid sick leave for specified reasons related to COVID-19, from April 1, 2020 through December 31, 2020.

Municipal, public employees.

Non-profit corporations.

DOL FFCRA WebTool

Americans with Disabilities Act (ADA) and the Rehabilitation Act,Includes the requirement for

reasonable accommodation and non-discrimination based on disability, and

Rules about employer medical examinations and inquiries.

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A “reasonable accommodation” is a change in the work environment that allows an individual with a disability to have an equal opportunity to perform a job’s essential functions…

However, if an accommodation results in significant difficulty or expense for the employer, the employer may claim an “undue hardship”.

if so, an employer is not required to provide it but still must consider other accommodations that do not pose an undue hardship.

Engage in interactive negotiation.

The ADA prohibits employee disability-related inquiries or medical examinations unless they are job-related; consistent with business necessity.

If there’s reasonable belief that an employee’s ability to perform essential job functions will be impaired by a medical condition or an employee will pose a direct threat due to a medical condition.

Based on current guidance, the COVID-19 pandemic MEETS the direct threat standard.

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1. May I require my 67-year old employee to work from home to protect their safety?

2. If an employee lives with someone who needs “special protection” from COVID-19, do they have the legal right to work remotely?

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1. May I require my 67-year old employee work from home to protect their safety?

No. Cannot make assumptionsabout older workers or workers with disabilities; exclusionary actions, for instance.

2. If an employee lives with someone who needs “special protection” from COVID-19, do they have the legal right to work remotely?

No. ADA does not require employer to accommodate an employee who is living with someone at high-risk. The employer can offer flexibility with consistency.

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Poor performance. Employer does not have to continue telework. If telework is ADA related, understand accommodation, review alternatives, document decision and why you are making this decision.

Age. (ADEA) No accommodation required, but it is not illegal to favor an older worker over a younger worker.

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Fear. Discuss specific issue with employee, generalversus specific; if specific … covered under ADA(?).

Ask about pre-existing conditions? Yes, but NOT specifics, and be consistent – every employee.

Training Sanitation

Hygiene PPE

Engineering Distance

= < Fear

After vacation quarantine? Employers can require; telework for feasibility.

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Re-cap for success:

Values are fundamental.

Recognize your importance.

Let PEOPLE management basics guide your path.

Employer and employee rights and responsibilitiesare guided by law.

Gary DezielExtension assistant professorUVM Extensiongary.deziel@uvm.edu

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References● State of Vermont Agency of Commerce and Community Development, Phased restart work safe guidance, accessed September 3, 2020

https://accd.vermont.gov/content/stay-home-stay-safe-sector-specific-guidance#municipalities

● State of Vermont Department of Labor, Employee rights, accessed July 7, 2020 https://labor.vermont.gov/vermont-occupational-safety-and-health-administration-vosha/employee-rights

● EEOC-NVTA-2009-3. Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. Date Issued; Originally 09-Oct-09; revised 19-Mar-20, accessed July 7, 2020 https://www.eeoc.gov/sites/default/files/2020-04/pandemic_flu.pdf

● https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers - Updated on June 17, 2020. Accessed September 3, 2020.

● Responding to Employees’ Spouses’ Coronavirus Concerns. Allen Smith, July 7, 2020. Society for Human Resource Management, accessed July 9, 2020 https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/responding-to-employee-spouses-coronavirus-concerns.aspx

● EEOC Answers More Coronavirus Questions as Employees Return to Work. Lisa Nagele-Piazza, June 12, 2020. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/eeoc-answers-coronavirus-questions-on-return-to-work.aspx . Accessed September 3, 2020.

● Families First Coronavirus Response Act: Questions and Answers. US Department of Labor. Accessed July 14, 2020. https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

● What to Do When Scared Workers Don’t Report to Work Due to COVID-19. Allen Smith, April 20, 2020. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-when-scared-workers-do-not-report-to-work.aspx

● A conversation with EEOC Chair Janet Dhillon. Society for Human Resource Management. June 26, 2020. Accessed July 17, 2020.

● Families First Coronavirus Response Act: Questions and Answers. Accessed July 17, 2020. https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

● Source: Batman, D. and G. Smithson, [Virgin Pulse]. Managing Mental Health During a Pandemic and Beyond (webcast). August 14, 2020. Society for Human Resource Management. Accessed August 24, 2020.